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Home My WebLink Aboutminutes.boa.index.1984 S 6 T 10019MV M_CUMMOUS Li, mquaMoS 9 laqwajdas S, qcnbn,,, Z qon5nV, 0 Z TT n.r_, 61 Ajnf 91 DU L MOP vz An: C Avl� 61 ITIA, GZ MIT: ; qolwi: Ej Mcnjqa.7 L PaTuap SIQUOU luelssauunu uuv "G1.104 asuo PGTqw; 11rquiru j Q!-Val 0SUD pojqw, 41myou m 101-pa; a s u D Pty .J Wlca M W-W MUD panaidur ja6scH -V Pue 112ID WD 191-PS4 asrD pvAoladr '00ssV OPUM HUH WInG 41-p2s MUD Mejodmaq paAcIdA, czeld nans Tim ilvmn asno pawiddt,- wnpeL p u r 1OUTOL 0 61.vsy DSUD POW; cmid qaBlqs jjTq ill-Pao asrD pajuq-, slapunns pleuOG 111.,00 ssrD pajump ossolu ps Almo asnD pvjqpj UZUR WOKS UN J11-000 MUD pajump aquemisp DuojoqV 10j.pol aspD PATual''? ayinu AM W-M 0M woad6u uunN AKINS Puc PTMOU 06-pos &ST-) pDjqw viuvioqsju ouoqaqv ' 01.Vaj ospL� KHM'',, awn Am Is-= vs, papunse uuna AsyjqS Put PHUM 16-pas o. •.-.:v` POAOJOA wrD 0112TU J_ SOTWO(I NUM ovinu Alm 'j-pay ISUD pwoiddu UuM ATIM Puc PTUM 'G-VS* "SOD polquq, amna Alum is-vs; asq) pajuan OnEot us! -sip pus na Q-M 'SOD PaAOaddc pras q0TU Ic-pse asuD pajunp smospu0spg 19-oss am pwolddc Wspind naq Is-val om pajqn74 PwH 10TU 1S-yS0 ParD wI00j7j0 go UOT10012 P3Tqu,-1 PrOH qny ic-PAQ aswD UoypToossv SIGUmano ! pwolcde MTWOPM MuDIM 0-Yal asW P0TqGq PmE YOTU 10-yes ISUD S 6 T 10019MV M_CUMMOUS Li, mquaMoS 9 laqwajdas S, qcnbn,,, Z qon5nV, 0 Z TT n.r_, 61 Ajnf 91 DU L MOP vz An: C Avl� 61 ITIA, GZ MIT: ; qolwi: Ej Mcnjqa.7 BOARD OF ADJUSTMENT jjjqt_QgL...Qf 114 2 . r c n tabled ni jo� S ta n Io r c J 2£09 0 c t o b 284.222 r t a 10 1 ob r t 21iRe2an f 2.v, )2}-23r TI T 7(-) /T 20222£3 625126 and 'at 2,0 ? o P0 n V( d tej o r a ry T c e a 13 c, t Cs se 024-232 w i t C", 7.rl r J, a n :I t DISPOSITION OF CASES 1984 CASE NO. : 84-1 LOT NO. : P and Q BLOCK NO. : 43 ,OCATION: 300 West Hallam, Aspen OWNER: John Doremus APPELLANT: John Doremus 608 East Hyman 608 East Hyman Aspen, CO Aspen, CO REQUEST: After a lot split, applicant discovered an encroachment strip approximately 6 inches L width, 40 feet long . Applicant appears to be asking for a determination that the encroachment is de minimi.s and in no way effects the validity of the subdivision exception lot split of lots P and Q or other zoning requirements that may relate to the encroachment. DISPOSITION: 1-19-84 : Board moved to approve request. 2-9-84 : Board approved Resolution 84-1, Board agreed to change side yard setback from 5 feet to 4 . 4 feet in perpetuity. CASE NO. : 34-2 LOT NO. : BLOCK NO. : LOCATION: Abetone Ristorante, 620 East Hyman, Aspen OWNER: Dan Surin and Ermano Masini APPELLANT: Paul Rubin 620 East Hyman Envirodesign Aspen: CO P. 0. Box 968 Basalt, CO 81621 REQUEST: The building is a nonconforming structure as it exceeds the FAR requirement in the C-1 zone category. Section 24-3. 4 (area and bulk) . Section 24-13 . 3 (a) : no nonconforming structure may be enlarged or altered in a way which increases its nonconformity. Applicant appears to also need a variance to reduce open space, Section 24-3 . DISPOSITION: 2-9-84 : Applicant withdrew application. CASE NO. : 84-3 LOT NO. : D and 1/2 E BLOCK NO. : 30 LOCATION: 517 West Bleeker, Aspen OWNER: Rick Head APPELLANT: Ti lton Anderson 517 :Test Bleeker P. O. Box 994G Aspen, CO Aspen, CO REQUEST: Applicant appears to be requesting that the rear yard setback of 15 feet be reduced to 12 .7 feet to permit building a second story. The structure currently encroaches into rear yard setback. Section 24-13 . 3 (a) : no such nonconforming structure may be enlarged or altered in a way which increases it nonconformity. Applicant appears to want to expand over existing encroachment by 2 . 3 feet in the rear setback . Property is located in the R-6 zoning category, 15 feet rear setback, 5 foot side yard setback required. Applicant also requests the illegal lot to be legalized, see addendum. DISPOSITION: 2-23-34 : tabled. 3-8-84 : tabled. 3-29-84 : tabled. 4-19- 84 : approved. t CASE NO. : 34-4 1 LOT NO. : 26 thru 32, 41, 42 BLOCK NO. : 113 LOCATION: 625 West End. Asper: OWNER: Clarendon Condominiums APPELLANT: Hagman Yaw Arch. 625 West End 210 S. Galena Aspen,, CO Suite 24 Asper., CO REQUEST: Applicant appears to be requesting a variance of the density allotment in the R-6 PUD for the development of a deed restricted employee unit. The 15.75 units figure was set during PUD consideration. Applicant- is asking for an increase of . 25 density in order to build the employee unit. DISPOSITION: 3-1-34 : approved. CASE NO. : 34-5 LOT NO. : 2 Hillhouse Condominium BLOCK NO. : LOCATION: 701 Gibson, Aspen OWNER: Lee Pardee APPELLANT: same P. O. Box 4153 Aspen, CO REQUEST: Property is located in the R-30 zoning category. Setbacks are front 25 feet, side 10 feet, rear 15 feet. The applicant appears to be requesting a zero lot line variance for the front yard setback. The required setback is 25 feet. DISPOSITION: 3-29-£34 : approved with modifications. The adjusted variance read: "the residential structure will not extend more than twenty feet rom the present property line which will extend the building envelope give feet. The garage will be 25 feet from the original property line being the prededicated property line. And the garage will be no more than 25 feet by 25 feet. " CASE NO. : 84-6 LOT NO. : E, F, G BLOCK NO. : 16 LOCATION: Unit 2, West Francis Street Condominiums OWNER: Scott and Patricia Edmondson APPELLANT: �lilliam Lukes P. O. Box 4486 0155 Lore Pine Aspen, CO Aspen, CO REQUEST: Property is located in the R-6 zoning category. The 10, 000 square foot lot could contain a legal duplex or single family structure . The property contains three single family structures, thus these structures are nonconforming uses. Section 24-3 . 4 area and bulk. No existing structure devoted to a use not permitted by this code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing use of the structure to a use permitted in the district in which it is located. Section 24-13 . 4 (a) . The applicant appears to be requesting to enlarge a nonconforming use by 750 square feet. The required setbacks are 10 feet in the front, 5 feet in the aide. The applicant also requests to build within the setbacks. This requires a variance of 4 foot front yard and 1 foot side yard setback. 2 DISPOSITION: 3-39-33 : denied. ========================================================================== CASE N0. : 84-7 T,QT 0O. : BLOCK NO. : LOCATION: Aspen Alps Condominium, 700 Ote Avenue, Aspen OWNER: Mr. and IIca. Ian DIaoi7ee APPELLANT: Thomas Dueotecbezg 700 Dte Av8uue, Unit 203 1280 Dt8 Avenue AGl)eD, CO Aspen, CO REQUEST: Property is located in the L-1 zone and therefore a nonconforming use. Section 24-13 . 4 (a) ; no existing structure devoted to a use not permitted by this code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved Or Btrocturdlll, altered except in changing the use of the structure permitted in the district in which it is located. The applicant appears - to be asking to enlarge a nonconforming use by lGO feet. DISPOSITION: 4-19-84 : denied. ========================================================================== CASE NO. : 84-8 I,CT NO. : C, D/ 8' F' G BLOCK NO. : 96 LOCATION: AaE»eo Grove Mall , 525 E. Coopecr Aspen OWNER: Wally Burke APPELLANT: CW&H, Ltd. P. O. Box 3421 P. O, Box 11748 &SI?eo, CO Aspen, CO REQUEST: 3eotiou 24-5 . 10 ( 2) : the aggregate sign area permitted along 3nlr one street shall not exceed one square foot of sign area for each �l.roe feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The code does not address-' second story uses or interior use direotozieo. This building is already over signed. The applicant appears to be requesting a variance to display two 5 , 08 square feet projecting directory signs beneath existing canopies. DISPOSITION: 5-3-84 : tabled. 5-24-84 : tabled, 6-7-84 : denied. ========================================================================== CASE NO. : 84-9 LOT NO. : M BLOCK NO. : 74 LOCATION: 208 East Hopkins, 2\oI)eo OWNER: Ronald and Shirley l7uoo APE^EI^I^JQNT: Donna Warrington Rte. I, Box 200 13 Roosevelt Brentwood, CA 94513 8aoz Rafael, CA 94903 REQUEST: Property is located in ``O" office zone : Section 24-3 . 4 (area and bulk) . Required setbacks: side yard is 5 feet, rear yard is 15 feet. Section 24-13 . 3 (a) : no nonconforming structure may be enlarged or altered in a vval' which increases its nonconformity. Applicant appears to be asking for (l) an unspecified rear yard setback variance for a carport; (2) a 3-1/2 side yard setback variance to enlarge a nonconforming structure 3-1/2 feet in the side yard setback ; and (3) to build a fence 7 feet in height along the same location of existing fence encroachment. `]ISPOSITION: 4-19-84 : approved with amendments. The Board first zu0ned co grant a seven foot variance from t.he fifteen foot rear yard setback for a carport on the basis that the applicant should be able to enjoy 3 ,-i substantial property right enjoyed by the adjacent property owners. rn'� h _Le carport will align up as shown on the Alpine Survey submitted by the applicant. The use of the space will be for a carport and will be used for this purpose only in perpetuity. I Second, the Board moved to grant the building of a fence seven feet in height along the same location of the existing fence. Any additional new fencing must meet code requirements. The height of the replacement of the old fence is specified at seven feet. The Board ' s understanding is the old existing fence is a nonconforming lot-o'_'--record. 5-3-84 : The Board moved to amend the motion to include the intent which the Board discussed at the last meeting but did not state in the motion. The intent is that the variance for the carport on the rear yard setback is to extend only as far back as the adjoining carports and not beyond even if the seven foot figure extends beyond that line. The Board' s intent was not to grant the seven feet but to grant the footage which takes the applicant up to the point the neighbors enjoyed. 6-7-84 : The Board moved to grant a variance to allow a seven - foot fence to be built along the rear lot line at the location which aligns with the north end of the garage to the east of this property. CASE NO. : 34-0 (old #01-9) LOT NO. : K and L BLOCK NO. : 10 LOCATION: Poppies Bistro Cafe, 834 Ulest Hallam, Aspen OWNER: Mike Hull APPELLANT: Wild Oates, Inc. 834 West Hallam Rick Nei.ley Aspen, CO REQUEST: To expand the square footage of the dining room seating area by about 140 square feet, to take that square footage from the kitchen space. DISPOSITION: The Board moved to rescind the contingency that "the dining area square footage may not be expanded" in case #81-9 (Wild Oates, Inc. ) and grant Poppies Bistro Cafe 150 additional square footage in the restaurant operation for dining. CASE NO. : 84-10 LOT NO. : BLOCK NO. : LOCATION: Abetone Ristorante, 620 East Hyman, Aspen OWNER: Dan Surin and Ermano I:asini APPELLANT: Paul Rubin 620 Hyman Envirodesign Aspen, CO P. O. Box 968 Basalt, CO 81621 REQUEST: Applicant is seeking reversal of building department ' s decision regarding the following : the building is a nonconforming structure as it exceeds the FAR requirements in the (_'-1 zone category. Section 24-3 . 4 (area and bulk) . Section 24-13 . 3 (a) : no nonconforming structure may be enlarged or altered in a way which increases its nonconformity. Applicant appears to also need a variance to reduce open space. Section 24-3 . 4 (area and bulk) . DISPOSITION: 5-24-84 : tabled. 6-7-84 : denied. 4 ========================================================================== CASE NO. : 84-II LOT NO. : I], E, F, G/ B, I BLOCK NO. : 81 LOCATION: DiII Street Plaza, 305 South fliIl Street, 7\aIzeo XJN2}l: Anthony 111azza and Frank \Yomdo APPELLANT: same 205 South Hill Street Aspen, CO REQUEST: The applicant placed the signs without a building permit. The signs exceed the allowable sigDage by an undetermined amount in the CC zone . Section 24-5 . I0 ( a) ( %) : business advertising or identification signs. The aggregate sign area permitted along any one street shall not exceed one square foot of sign area for each three feet of lot line frontage by projected from the building within which the principal use is conducted. The applicant appears to be requesting an undetermined amount of excess sigoage as well, to allow stores without the required lot line �cootage right to street level sign. DISPOSITION: 6-7-84 : tabled. 7-19-84 : tabled. 7-36-34 : The three oversized signs, the two 14 . 4 square foot signs and the one 18 square foot sign, on Fill Street Plaza will be allowed to remain until city council has revised the sign ordinance. This is conditioned upon the removal of the alley sign, the 31 , 33 square foot sign. The variance is only temporary. ========================================================================== CASE }0O. : 84-I2 ['OT 00. : l, adjacent to Hillhouse Condo BLOCK Ng. : LOCATION: lJew Wedum Tract, Spring Street ��0� � Dcia� �7 OWNER John �Jodum APPELLANT: Jnlzu \Jedurx P. O, Box 7609 1607 Waterloo Aspen. COI0zadn 81613 Austin, Texas 78704 REQUEST: Property is located in the Il-30 zoning category. Setbacks are : front, 25 -feet; side, 10 feet ; rear, 15 feet . Applicant aI?I?eaco to be requesting a 22 foot front yard variance, a 5 foot side yard variance, and a 5 foot rear yard variance. JLpI?Iioaut also appears to be requesting a clarification as to a previous approval relating 'the location of the building envelope. DISPOSITION: July 19, 1.0,34 . The Board moved to grant a variance which allows the footprint of this structure to be built with the plans submitted. But the applicant cannot enclose any area other than that shown on the plot I)Iao sub-mitted with the application. ========================================================================== CASE 0O. : 84-13 LOT NO. : K BLOCK NO. : 65 LOCATION: 100 East Bleekec, Aspen 0WDJ}IR: Ed Grosse APPELLANT: 17azcen Palmer 34135 Hunters IIOvY P. O. Dox 2684 Farmington, T'linh. 48100 Aspen, CO REQUEST: Property is located in the Il-6 zoning category. Side yard oetback is 5 feet. Applicant appears to be requesting a l foot, 9 ioob variance to euc[0aob into the east side yard setback. 5 DISPOSITION: 6-I4-84 : deoie(2. ========================================================================== M�SE NO. : 84-14 LOT NO~ : F BLOCK NO. : 51 LOCATION: 215 llest Bleeker, &sI)eu 01-ONER: firs. Donald Saunders AI^f^%II^LANT: Welton Anderson 231 Encino P. O. Box 9946 San Antonio, M. Aspen, CO REQUEST: 5 foot setback for side yard in D-6 zone. Proposed plans will encroach , Ol -foot into side yard setback. Applicant aI)I?eacn to be requesting o . Ul foot side yard Setback. variance. DISPOSITION: 6-I4-84 : denied. ========================================================================== CASE NO. : 84-I5 LOT NO. : I/2 of L, all 1,.I, IJ/ O, P,Q BLOCK NO. : I06 LOCATION: 710 East Durant, &oI»eu OWNER: Durant Mall Condo Association APPELLANT: Block 106 Assoc. 710 East Durant 710 East Durant Aspen, Colorado 8161I Aspen, CO 8I61I REQUEST: Building department records indicate the existing building currently exceeds its FAR, thus causing this to be a nonconforming structure. Section 24-13 . 3 ( a) : no such n0000DfVrzniug structure may be enlarged or altered in a way v/hiob increases its nODoVnf0rzaitlr. A2?I»IiCaot appears t0 be regue3- tiog � FAR ioo�eaoe �o� an open space decrease of 40. 5 feet. Building is, located in the lJ/C zone district. DISPOSITION: 8-2-84 : granted. ========================================================================== CASE NO. : 84-16 LOT NO. : C, D, E, F/ G BLOCK 0O. : 118 LOCATION: 909-923 East Cooper Street OWNER: C. Zl, Clark/J\. Daopar APPELLANT: Commerce Realty 300 West BIOekec c/o Holland & Hart Aspen- CO 8l�ll 6OO �. ��io Street Aspen, CO 8I611 REQUEST: Property is located in the R/MF zone district, Section 24-3 . 4 : area and bulk requirements. Ilazimuzo height in the 8/11F zone is 25 feet . Applicant aE>I?8aco to be requesting a three foot height variance to a rouoimmn height of 28 feet. DISPOSITION: 8-2-84 : granted. ========================================================================== CASE NO. : 84-17 LOT NO. : 3, Hillhouse Coodoanioimoo l8I^0CK N0. : LOCATION: 701 Gibson Avenue OWNER: Lee Pardee APPELLANT: same P. O. Box 4153 Aspen, CO 81612 G REQUEST: Property is loc_,t-eul in the 111-30 zoning category. Section 24- 3 . 7 (c) : fences, hedges or -,_4alis shall be permitted provided that they do not exceed six feet above grade. Fences visible from the street shall be constructed of wood, stone, wrought iron or masonry. Applicant appears --o be requesting to build a "chain link" tennis court fence over six feet is height within the setbacks. DISPOSITION: 8-2-04 : chain link fence limited to ten feet is granted. CASE NO. : 84-18 LOT NO. : K and L BLOCK NO. : 35 LOCATION: 434 west Hallam, City of Aspen OWNER: Carmen & L. Irvin Barnhart APPELLANT: same 2121 Sage Road, Suite 333 Houston, Texas 77056 REQUEST: Property is located in the R-6 zoning category. Front yard setback is 10 feet, rear yard principal building is 15 feet. Section 24- 3. 4 : area and bulk. Applicant appears to be asking for a rear yard setback variance of 7-1/4 feet causing the rear yard setback to be 7-3/4 feet. Applicant also appears to be requesting a 6 inch front yard setback variance for the foyer. DISPOSITION: 3-23-84 : tabled. 9-6-84 : tabled. 10-4-34 : denied. CASE NO. : 84-19 LOT NO. : 0 BLOCK NO. : 88 LOCATION: 418 East Hyman, Aspen JWNER: Ann Hanessian APPELLANT: Nonny ' s Furs, Inc. 125 North Eighth Street 418 E. Hyman Aspen, CO Aspen, CO REQUEST: Section 24-5 . 1 ( 2) . The aggregate sign area permitted along anyone street shall not exceed one square foot of sign for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. Applicant has interior space and no lot line frontage. Applicant is asking for a free standing sign measuring 21x33 inches for a variance of 4 . 81 square feet. DISPOSITION: 9-27-84 : denied. CASE NO. : 84-20 LOT NO. : A and 13 BLOCK NO. : 29 LOCATION: 533 ,,Test Halla-m, Aspen ll 4 OWNER: Robert I 11 Lneman APPELLANT: David Muckenhirn 533 West Hallam P. O. Box 3353 Aspen, Colorado 81611 Aspen,, CO 31612 REQUEST: Property is located in the R-6 zoning category. Property has two single family houses on a 6 , 000 square foot lot, or single family lot ; this property is a nonconforming use : Section 24-3. 4 . No such nonconforming use shall be enlarged or increased , nor extended to occupy greater area of land than was occupied at the effective a adoption adoption or amendment of this code, Section 24-13 . 2 (a) . 7 The applicant appears to be requesting to expand a nonconforming use by 114 square feet. DISPOSITION: 9-27-84 : tabled. The week of October 8th, Mr. Kline-man requested the application be withdrawn per a phone call . Application officially withdrawn at the October 18th Meeting. CASE NO. : 84-21 LOT NO. : P BLOCK NO. : 21 LOCATION: 612 P,Iest Francis OWNER: John Stanford APPELLANT: same 612 West Francis Aspen, CO 81612 REQUEST: Property is located in the P-6 zoning category. Side yard setback is -five feet. Section 24-3 . 4 : area and bulk require,-.lent. Applicant appears to be requesting a zero lot line variance into side, yard setback for a covered entry way. DISPOSITION: 9-27-00,1 : approved. CASE NO. : 84-22 LOT NO. : 2. Sunny Park Subdivision BLOCK NO. : I LOCATION: 175 Park Avenue OWNER: 1.1arthinsson and Nostdahl APPELLANT: same 175 Park Avenue Aspen, CO 01611 REQUEST: Property is located in the R-6 zoning category. Building is a multi family use ; a pre-existing nonconforming use. Applicant appears to be asking for 195 square feet. Section 2 -13 . 2 (a) : no such nonconforming use shall be enlarged or increased, nor extended to occupy greater area and land than was occupied at the effective date of adoption or amendment of this code. DISPOSITION: 10-4-84 : approved. CASE NO. : 84-23 LOT NO. : South 20 feet of Tots G :end 11 BLOCK NO. : 32 LOCATION: Off 11opkins between Fourth and Fifth OWNER: Frank V-7oods APPELLANT: Ed Rodgers P. O. Box 3421 205 South fill Aspen, CO 81611 Aspen, CO 81611 REQUEST: Property is a nonconforming lot of record located in the R-15 zoning category. Section 24-3 . 4 : area and bulk requirements. Setbacks are front, 25 feet ; side yard, 5 feet ; and rear yard, 10 feet. Applicant appears to be requesting a zero 'Lot line front yard and zero lot line rear yard setback. DISPOSITION: 10/10/84 : tabled. 12/13/84 : tabled. 2/14/85 : tabled. 3/7/85 : tabled. 3/28/85 : withdrawn. 8 CASE NO. : �34-24 LOT NO. : 15 BLOCK NO. : LOCATION: Black Birch Estates, Aspen OWNER: Joel and Kathleen Smith APPELLANT: same 1150 Black Birch Drive Aspen, Colorado 01511 REQUEST: Section 2-4-6 . 3 (c) (1) : no building small be located so as to be within a flood hazard area designated by the U. S. Corps of Engineers Flood Plain Report for the Roaring Fork River. Applicant is seeking a variance to build in the floodplain. DISPOSITION: 10/25/04 : tabled. 12/13/84 : withdrawn at the request of the applicant. CASE NO. : 84-25 LOT NO. : K, L, iI 4#102-103 BLOCK NO. : LOCATION: K, L, H/ 3102-103 BLOCK: 96 OWNER: The Durant Galena Company APPELLANT: Frank Johnson P. O. Box 1709 P. O. Box 9040 Aspen,, CO 01612 Aspen, CO 81612 REQUEST: In the CC zone, Section 24-5. 10 (2) requires one square foot of signage per three feet of lot line frontage. This store does not have any lot line frontage. Applicant appears to be requesting a 3. 67 square foot free standing sign located on private property adjacent to Durant Street. DISPOSITION: 11/29/84 : approved the variance on a temporary basis until the Lity Council revises the sign code to cover those buildings that do not ,ave street frontage. The existing s n needs to be removed before the new sign is put up. c CIT PEN 130 x reet asp _ 1611 A G E N D A BOARD OF ZONING ADJUSTMENTS JANUARY 19 , 1984 CITY COUNCIL CHAMBERS 4 : 00 P.M. I. Minutes II . Case #83--12/Stanford Johnson III . Case #84-1/John Doremus * IV. Adjourn *Blueprints are available in the City Clerk' s office. A., SPEN 130 reet asp . 1611 A G E N D A BOARD OF ZONING ADJUSTMENT FEBRUARY 9, 1984 CITY COUNCIL CHAMBERS 4 : 00 P.M. I . Minutes II. Case #84-1, John Doremus III . Case #84-2, Abetone Ristorante IV. Adjourn